Showing : 41-50 of 111 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Court Fees Act, 1870, Section 7(iv)(A)(As-- Court fee - Suit for declaration that sale deed is null and void - Where suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, S.7(iv)(A) of Act is applicable and not Art.17(iii) of Court Fees Act, as said Article is applicable only when..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Cancellation - Unregistered agreement to sell - Plaintiff pleaded his rights on the basis of an unregistered agreement and had utterly failed to prove the same - Lower Courts concurrently gave finding that plaintiff could not prove grounds for cancellation of sale deed mentioned in..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 109-- Limitation - Suit for cancellation of sale deed - Sale deed executed by father being a co-parcener in favour of defendants without legal necessity - Parties are co-parceners governed by Mitakshara law - Suit is covered u/art 109 of the Act - Suit filed after one and half years of acquiring..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Hindu Law-- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought to incorporate additional prayer regarding cancellation of alleged sale deed - Additional prayer is dependent upon main prayer of declaration of title - Amendment rightly allowed though filed belatedly - However,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for declaration that sale deed in question is null and void - Sale deed in question was sought to be cancelled after more than 18 years of its execution and registration - Suit held barred in view of Art.59 of Act as cancellation of sale deed is to be sought within three years..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Stamp Act, 1899, Section 47A-- Stamp duty - Assessment - Suit for cancellation of sale deed - Defence of defendants is that sale deed is valid - So long defendant is contesting the matter on the ground that sale deed is valid, stamp duty has to be paid - If there is any assessment of quantum, same has to be first considered and..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59-- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiff despite claiming declaration, has not sought any relief for cancellation of sale deed - In the absence of relief of cancellation of said sale deed, suit itself is not maintainable as relief of declaration..........

Showing : 41-50 of 111 Results